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Terms & Conditions

a. General

i. This website and its contents (“website”) is owned and operated by Wallace Bishop Pty Ltd [A.B.N. 33 009 665 212] (“Wallace Bishop”). By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.

ii. These Terms and Conditions apply to goods and services purchased through any Wallace Bishop store as well as governing the use of this website.

iii. Wallace Bishop reserves the right to amend these Terms and Conditions at any time without notice.

 

b. Applicable Law

i. These Terms and Conditions are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

ii. Wallace Bishop makes no representation that the content of the website complies with the laws of any country outside Australia.

iii. All rights not expressly granted herein are reserved.

 

c. Links to 3rd Party websites

i. Wallace Bishop assumes no responsibility and accepts no liability for the terms and condition or content of third party websites that may be linked to or accessed from this website. Except as Wallace Bishop may specifically direct otherwise, Wallace Bishop does not authorise the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Wallace Bishop for such goods or services.

ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.

 

d. Internet Security

i. Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.

ii. We do not warranty that use of this website will not expose you to risks of this nature.

 

e. Competitions and Promotions

i. Certain parts of the website may contain competitions or promotions from Wallace Bishop or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Wallace Bishop specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

 

f. Disclaimer and liability

i. This website is provided on an “as is” basis. Wallace Bishop has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication.

ii. Wallace Bishop does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.

iii. To the fullest extent permissible by law, Wallace Bishop, its affiliated companies and their respective directors, officers, employees, agents and contractors:

Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

iv. Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Wallace Bishop, its affiliated companies or their respective directors, employees, agents and contractors) will Wallace Bishop, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.

 

g. Indemnity

i. You agree to indemnify and keep indemnified Wallace Bishop, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

 

h. Intellectual Property & Restrictions On Use Of Content

i. The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which is owned by Wallace Bishop, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without Wallace Bishop’s express consent.

 

i. Ownership of Submissions

i. Any submission made on this website by way of email, image, comment, feedback or similar information automatically becomes the property of Wallace Bishop and you agree to assign all intellectual property rights in the submissions to us at no charge and agree that we are under no obligation to keep such submissions confidential other than your private information which will be handled as per the privacy policy contained in these Terms and Conditions.

ii. You further warrant that the content of any submission made will not infringe the intellectual property of any third party.

iii. We reserve the right to store any submission made and will do so if there is any legal requirement to do so.

 

j. Termination and Cancellation

i. Wallace Bishop reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Wallace Bishop will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Wallace Bishop’s liability will survive such termination or cancellation.

Goods and Services Representation

a. Wallace Bishop will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.

b. Whilst all reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary.

c. Whilst we will take all reasonable steps to ensure that all product advertised on this website is available we cannot guarantee the availability of any product.

d. All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.

Online Purchasing

a. Goods and services offered for sale on this website are available for shipment or delivery within Australia and internationally to these countries only: New Zealand, United Kingdom & United States.

b. Purchases of goods and services made on this website must be paid in full at the time of purchase. Online purchases under $1000, using Afterpay, can be made in four fortnightly instalments. See http://www.afterpay.com.au/terms for complete terms. Lay-by and finance offer sales are not available on this website. For lay-by or finance offer sales please visit your nearest Wallace Bishop store.

c. Payment for goods and services purchased on this website may be made only via Visa or Mastercard credit cards and are made via SecurePay payment gateway. The PayPal payment system is also available.

d. Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.

e. All prices shown on this website are in Australian dollars and inclusive of GST.

Shipping of Goods Purchased Online

a. Goods purchased on this website will be delivered free where the order value is $150 or greater. All orders under $150 will incur a flat fee of $10.00 per order. All orders are delivered via the Australia Post tracked delivery system.

b. Available goods will generally be dispatched within 3 business days from the date of purchase and delivered within 5 business days of the date of purchase although no guarantee can be given on the delivery date of goods purchased on this website.

c. Title in the goods purchased will pass to the purchaser upon dispatch from our distribution centre. Transit insurance is provided up to $5,000 provided Australia Post records corroborate that the item was lost whilst in transit.

d. Upon dispatch of the goods from our distribution centre the purchaser will receive an email from Australia Post with the shipment details and a link to the Australia Post e-Parcel tracking system from where the purchaser can monitor the progress of the delivery.

e. Where payment confirmation information received from Financial Intermediaries is insufficient to verify the payment details, Wallace Bishop Jewellers will contact the purchaser and discuss other payment options including shipping through Australia Post on a Cash On Delivery basis.

Jewellery Care Plan

a. Wallace Bishop Pty Ltd ACN: 009 665 212 contracts with you to provide the service offered under the Terms and Conditions;

b. In purchasing the Jewellery Care Plan, you acknowledge that you agree with the Terms and Conditions and that you have had the opportunity to read the contents of that section;

c. Provided no service has been conducted, this Agreement may be cancelled within 7 days of purchase;

d. All requests for service under the Jewellery Care Plan must be lodged with a Wallace Bishop outlet. Postal lodgement may be made to: PO Box 2500 Fortitude Valley Business Centre QLD 4006. The Wallace Bishop Care Plan brochure and purchase receipt must be provided on each occasion together with the item to be serviced;

e. Our liability under the plan is limited to the extent that the total cost in parts plus labour expenses to maintain the jewellery item is not greater than its original purchase price;

f. Our product comes with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable loss or damage. You are entitled to have the goods repaired if the goods fail to be of acceptable quality.

 

What is covered

The following services are covered upon purchase of your Jewellery Care Plan:

a. A comprehensive Care Guide and cleaning cloth;

b. Wallace Bishop will rectify any fault in a piece of jewellery that is a result of a manufacturing fault during the life of the plan. This includes the re-setting of gemstones that result from such defects;

c. One complimentary jewellery clean, inspection and polish every 12 months;

d. If the item purchased under the plan is a ring we will provide a re-size service on two occasions over the life of the plan (refer to the table for the technical limits to this service);

e. If the item purchased is made with white gold or silver, a professional rhodium plating service will be provided on 2 occasions under the 5 year plan and 4 occasions under the 10 year plan;

f. If the item purchased is a chain or a bracelet, Wallace Bishop will re-solder a break in the item resulting from a manufacturing fault. This excludes breaks that result from accidental damage;

g. Upon each inspection, all settings will be tightened where necessary;

h. On inspection, if a worn setting is detected and it has not been caused by abnormal wear or accidental damage, the setting will be repaired and the gem re-set;

i. If the item purchased has a clasp, the clasp will be maintained in good working condition during the life of the plan;

j. As part of this plan, all maintenance, repairs and inspections will be conducted at Wallace Bishop’s Repair Division at 55 Doggett Street Newstead, QLD by suitably qualified jewellers.

 

Exclusions

The Wallace Bishop Jewellery Care Plan is available exclusively to Wallace Bishop Gold Card Members.Exclusions include:

a. Where the original Jewellery Care Plan documentation cannot be produced at time of servicing, the claim cannot proceed;

b. Damage caused by an accident, misuse of the item or abnormal wear and tear of the item covered by the Jewellery Care Plan;

c. Modifications, alterations or repairs conducted by a party other than Wallace Bishop, will void the Jewellery Care Plan;

d. Damage resulting from the loss, theft, malicious damage, vandalism, collision, fire, flood, acts of God, war and civil unrest to the item, are not covered by the Jewellery Care Plan;

e. The separation or loss of gemstones resulting from a cause that is not a direct result of a manufacturing defect;e

f. The chipping or cleavage of gemstones due to accidental or unnatural force;

g. Where a defect occurs to a part or the whole of the item and the cost of repair is greater than the original purchase value, Wallace Bishop reserves the right to exchange the item with one of same or similar characteristics and design;

h. The loss of use of the item whilst it is being serviced is not covered under the Jewellery Care Plan;

i. The Jewellery Care Plan is not transferable through sale, other than to whom it is gifted at time of its original purchase.